#BURMA #MM #Unless #2015 #elections #can be #held, #who will #continue #administering the #country?

 

(1)
The recent radio message of President Thein Sein gave a hint—political dialogues would be in the vain hope unless a nationwide ceasefire deal could be signed. Consequently, if the political dialogues were not able to go ahead (if there had been political instability), it was sure that 2015 elections would be unlikely to be held, I suppose.
In this state, if 2015 elections can’t be held, who will continue administering the country? Many uneasy questions are arising among the people as to whether or not President Thein Sein will continue holding the power. Who to continue administering the country is a problem. It had better assess this problem depending on the 2008 Constitution.
If the 2015 elections can’t be held on the pretext of political instability, President Thein Sein must declare a state of emergency in accord with Section 417 prescribed in the 2008 Constitution after coordinating with the National Defence and Security Council along with the specified duration of one year from the day of promulgation.
After that the President shall declare the transferring of legislative, executive and judicial powers of the Union to the Commander-in-Chief of the Defence Services to enable him to carry out necessary measures to speedily restore its original situation in the Union. In other words, the army does not intentionally need to seize the State’s power, the President will have to transfer it to the Commander-in-Chief of the Defence Services. It shall be deemed that the legislative functions of all parliaments (Hluttaws) and leading bodies shall be suspended from the day of declaration. It shall also be deemed that on the expiry of the term of the said Hluttaws, the relevant Hluttaws have been dissolved automatically in accord with the Section 418 (a).
The significant point is the Section 418 (b). It said that notwithstanding anything contained in the Constitution, commencing from the day of transfer of the sovereign power to the Commander-in-Chief of the Defence Services, it shall be deemed that the members appointed and assigned duties by the approval of the relevant Hluttaws in accord with the Constitution, Self-Administered Division Leading Bodies or the members of Self-Administered Zone Leading Bodies, with the exception of the President and the Vice-Presidents, have been terminated from duty.
In other words, all government members except the President and the Vice-Presidents have been terminated from duty from the day that the President transferred the power to the Commander-in-Chief of the Defence Services.
(2)
If the Commander-in-Chief submits the extension of the prescribed duration by giving reasons why has not yet been able to accomplish the duties assigned to him, the President may normally permit two extensions of the prescribed during for a term of six months for each extension, stated in the Section 421 (b). The matter relating to the extension shall be reported to the emergency session of the Pyidaungsu Hluttaw (Union parliament) by summoning it. If the Commander-in-Chief submits the extension of the prescribed duration by giving reasons, he has not been able to accomplish the assigned duties, on the expiry of the term of the Pyidaungsu Hluttaw, the National Defence and Security Council normally permit two extensions of the prescribed duration for a term of six months for each extension.
But, the Constitution does not clearly mention that if the emergency session of the Pyidaungsu Hluttaw is timed to coincide with the relevant Hluttaws that will be dissolved automatically in accord with the Section 418 (a), on the expiry of the term, who shall summon the emergency session of Pyidaungsu Hluttaw.
The Section 422 promulgated that if the Commander-in-Chief submits a report of accomplishing his duties assigned before the expiry of the term of Pyidaungsu Hluttaw, the President shall declare the annulment of the ordinance transferring the sovereign power to the Commander-in-Chief by convening an emergency session of the Pyidaungsu Hluttaw. If the Commander-in-Chief submits it in time of Hluttaw expiry, the President shall declare the annulment of the power vested to him (the Commander-in-Chief of Defence Services) after coordinating with the National Defence and Security Council under Section 418.

President U Thein Sein’s radio message on air.1.08.engl.

Nay Pyi Taw, 1 Aug

The following is a translated transcript of President U Thein Sein’s Monthly Radio Address to the Nation.

My Fellow Citizens,

I would like to inform you all of the developments that have taken place in our country in the month of July just as I have done previously on this radio program.

I paid working visits to the United Kingdom and the French Republic from 14th to 20th July. We have had long and deep ties with both countries and I am pleased to have been able to meet with their heads of government and other key figures at this important turning point in our history.

I held constructive and substantive discussions with political, business, and civil society leaders on several important issues such as the state of our reform process, peace building efforts, the issue of political prisoners, and on the recent communal violence that has erupted in our country. And, we also made progress on discussions relating to security sector reform and increased cooperation between our respective armed forces, both of which are fundamental to our reform process.

We also exchanged ideas and explained our current economic conditions to representatives of various prominent businesses and associations so that we can successfully attract responsible investment and trade to develop our economy. Similarly, we met with civil society organizations to strengthen the bond between the Myanmar peoples and peoples of those two countries. I have always made the effort to make such important working visits to build friendly relations with the international community and to gain international support, help and trust during this difficult transition period.

July is the month of turbulence in our political history. It teaches us tragic historical lessons to learn from as we build a better future. We have seen how violent attempts to control political problems or crises and how the acts of the radical politicians without any respect for fundamental democratic values such as diversity of opinion and freedom of expression could have long-term detrimental impact on the society at large. We must always be vigilant towards such threats and tragic legacies.

We must never fail to remember 19th July, the day that the leaders of our independence movement were brutally assassinated, nor forget the full measure of their devotion to ending colonial rule over our land and people. Our recent political progress can be measured by how many sectors of our society participated in honoring our fallen heroes and their memory. It is with great pride to see not only participation from leaders of government and public offices, but also active and vibrant participation from the general public, and especially spirited participation of the youth and civil society organizations.